Children Act 1989

(e) proceedings under the Children Act 1989

The Matrimonial and Family Proceedings Act 1984 (c. 42)

10

In section 44 of the Matrimonial and Family Proceedings Act 1984 (domestic proceedings in magistrates’ courts to include applications to alter maintenance agreements) for the words “domestic proceedings", wherever they occur, there shall be substituted “ family proceedings" ”.

The Insolvency Act 1986 (c. 45)

11

• (1) In section 281(5)(b) of the Insolvency Act 1986 (discharge not to release bankrupt from bankruptcy debt arising under any order made in family proceedings or in domestic proceedings), the words “or in domestic proceedings” shall be omitted.

• (2) In section 281(8) of that Act (interpretation), for the definitions of “domestic proceedings" and “family proceedings" there shall be substituted—

• “family proceedings” means—

• (a) family proceedings within the meaning of the Magistrates’ Courts Act 1980 and any proceedings which would be such proceedings but for section 65(1)(ii) of that Act (proceedings for variation of order for periodical payments); and

• (b) family proceedings within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984.

SCHEDULE 12 — Minor Amendments

The Custody of Children Act 1891 (c. 3)

1

The Custody of Children Act 1891 (which contains miscellaneous obsolete provisions with respect to the custody of children) shall cease to have effect.

The Children and Young Persons Act 1933 (c. 12)

2

In section 1(2)(a) of the Children and Young Persons Act 1933 (cruelty to persons under sixteen), after the words “young person" there shall be inserted “ , or the legal guardian of a child or young person," ”.

3

Section 40 of that Act shall cease to have effect.

The Education Act 1944 (c. 31)

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Marriage Act 1949 (c. 76)

5

• (1) In section 3 of the Marriage Act 1949 (consent required to the marriage of a child by common licence or superintendent registrar’s certificate), in subsection (1) for the words “the Second Schedule to this Act" there shall be substituted “ subsection (1A) of this section" ”.

• (2) After that subsection there shall be inserted—

(1A) The consents are— (a) subject to paragraphs (b) to (d) of this subsection, the consent of— (i) each parent (if any) of the child who has parental responsibility for him; and (ii) each guardian (if any) of the child; (b) where a residence order is in force with respect to the child, the consent of the person or persons with whom he lives, or is to live, as a result of the order (in substitution for the consents mentioned in paragraph (a) of this subsection); (c) where a care order is in force with respect to the child, the consent of the local authority designated in the order (in addition to the consents mentioned in paragraph (a) of this subsection); (d) where neither paragraph (b) nor (c) of this subsection applies but a residence order was in force with respect to the child immediately before he reached the age of sixteen, the consent of the person or persons with whom he lived, or was to live, as a result of the order (in substitution for the consents mentioned in paragraph (a) of this subsection). (1B) In this section “guardian of a child”, “parental responsibility”, “residence order” and “care order” have the same meaning as in the Children Act 1989.

The Births and Deaths Registration Act 1953 (c. 20)

6

• (1) Sections 10 and 10A of the Births and Deaths Registration Act 1953 (registration of father, and re-registration, where parents not married) shall be amended as follows.

• (2) In sections 10(1) and 10A(1) for paragraph (d) there shall be substituted—

(d) at the request of the mother or that person on production of— (i) a copy of a parental responsibility agreement made between them in relation to the child; and (ii) a declaration in the prescribed form by the person making the request stating that the agreement was made in compliance with section 4 of the Children Act 1989 and has not been brought to an end by an order of a court; or (e) at the request of the mother or that person on production of— (i) a certified copy of an order under section 4 of the Children Act 1989 giving that person parental responsibility for the child; and (ii) a declaration in the prescribed form by the person making the request stating that the order has not been brought to an end by an order of a court; or (f) at the request of the mother or that person on production of— (i) a certified copy of an order under paragraph 1 of Schedule 1 to the Children Act 1989 which requires that person to make any financial provision for the child and which is not an order falling within paragraph 4(3) of that Schedule; and (ii) a declaration in the prescribed form by the person making the request stating that the order has not been discharged by an order of a court; or (g) at the request of the mother or that person on production of— (i) a certified copy of any of the orders which are mentioned in subsection (1A) of this section which has been made in relation to the child; and (ii) a declaration in the prescribed form by the person making the request stating that the order has not been brought to an end or discharged by an order of a court.

• (3) After sections 10(1) and 10A(1) there shall be inserted—

(1A) The orders are— (a) an order under section 4 of the Family Law Reform Act 1987 that that person shall have all the parental rights and duties with respect to the child; (b) an order that that person shall have custody or care and control or legal custody of the child made under section 9 of the Guardianship of Minors Act 1971 at a time when such an order could only be made in favour of a parent; (c) an order under section 9 or 11B of that Act which requires that person to make any financial provision in relation to the child; (d) an order under section 4 of the Affiliation Proceedings Act 1957 naming that person as putative father of the child.

• (4) In section 10(2) for the words “or (d)" there shall be substituted “ to (g)" ”.

• (5) In section 10(3) for the words from “ “relevant order"" to the end there shall be substituted

“parental responsibility agreement” has the same meaning as in the Children Act 1989

• (6) In section 10A(2) in paragraphs (b) and (c) for the words “paragraph (d)" in both places where they occur there shall be substituted “ any of paragraphs (d) to (g)" ”.

The Army Act 1955 (c. 18)

7

In section 151 of the Army Act 1955 (deductions from pay for maintenance of wife or child), in subsection (1A)(a) for the words “in the care of a local authority in England or Wales" there shall be substituted “ being looked after by a local authority in England or Wales (within the meaning of the Children Act 1989)" ”.

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Air Force Act 1955 (c. 19)

9

Section 151(1A) of the Air Force Act 1955 (deductions from pay for maintenance of wife or child) shall have effect subject to the amendment that is set out in paragraph 7 in relation to section 151(1A) of the Army Act 1955.

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Sexual Offences Act 1956 (c. 69)

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

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14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

Section 38 of that Act (power of court to divest person of authority over girl or boy in case of incest) shall cease to have effect.

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

After section 46 of that Act there shall be inserted—

(46A) In this Act “parental responsibility” has the same meaning as in the Children Act 1989.

The Naval Discipline Act 1957 (c. 53)

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Children and Young Persons Act 1963 (c. 37)

19

Section 3 of the Children and Young Persons Act 1963 (children and young persons beyond control) shall cease to have effect.

The Children and Young Persons Act 1969 (c. 54)

20

In section 5 of the Children and Young Persons Act 1969 (restrictions on criminal proceedings for offences by young persons), in subsection (2), for the words “section 1 of this Act" there shall be substituted “ Part IV of the Children Act 1989" ”.

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

For section 23 of that Act (remand to care of local authorities etc.) there shall be substituted—

(23) (1) Where a court— (a) remands or commits for trial a child charged with homicide or remands a child convicted of homicide; or (b) remands a young person charged with or convicted of one or more offences or commits him for trial or sentence, and he is not released on bail, then, unless he is a young person who is certified by the court to be of unruly character, the court shall remand him to local authority accommodation. (2) A court remanding a person to local authority accommodation shall designate the authority who are to receive him and that authority shall be the authority in whose area it appears to the court that— (a) he resides; or (b) the offence or one of the offences was committed. (3) Where a person is remanded to local authority accommodation, it shall be lawful for any person acting on behalf of the designated authority to detain him. (4) The court shall not certify a young person as being of unruly character unless— (a) he cannot safely be remanded to local authority accommodation; and (b) the conditions prescribed by order made by the Secretary of State under this subsection are satisfied in relation to him. (5) Where the court certifies that a young person is of unruly character, it shall commit him— (a) to a remand centre, if it has been notified that such a centre is available for the reception from the court of such persons; and (b) to a prison, if it has not been so notified. (6) Where a young person is remanded to local authority accommodation, a court may, on the application of the designated authority, certify him to be of unruly character in accordance with subsection (4) of this section (and on so doing he shall cease to be remanded to local authority accommodation and subsection (5) of this section shall apply). (7) For the purposes of subsection (6) of this section, - “a court” means— (a) the court which remanded the young person; or (b) any magistrates’ court having jurisdiction in the place where that person is for the time being, and in this section “court” and “magistrates’ court” include a justice. (8) This section has effect subject to— (a) section 37 of the Magistrates’ Courts Act 1980 (committal to the Crown Court with a view to a sentence of detention in a young offender institution); and (b) section 128(7) of that Act (remands to the custody of a constable for periods of not more than three days), but section 128(7) shall have effect in relation to a child or young person as if for the reference to three clear days there were substituted a reference to twenty-four hours.

27

• (1) In section 32 of that Act (detention of absentees), for subsection (1A) there shall be substituted the following subsections—

(1A) If a child or young person is absent, without the consent of the responsible person— (a) from a place of safety to which he has been taken under section 16(3) of this Act; or (b) from local authority accommodation— (i) in which he is required to live under section 12AA of this Act; or (ii) to which he has been remanded under section 23(1) of this Act, he may be arrested by a constable anywhere in the United Kingdom or Channel Islands without a warrant. (1B) A person so arrested shall be conducted to— (a) the place of safety; (b) the local authority accommodation; or (c) such other place as the responsible person may direct, at the responsible person’s expense. (1C) In this section “the responsible person” means the person who made the arrangements under section 16(3) of this Act or, as the case may be, the authority designated under section 12AA or 23 of this Act.

• (2) In subsection (2B) of that section for the words “person referred to in subsection (1A)(a) or (b) (as the case may be) of this section" there shall be substituted “ responsible person" ”.

28

In section 34(1) of that Act (transitional modifications of Part I for persons of specified ages)—

• (a) in paragraph (a), for the words “13(2) or 28(4) or (5)" there shall be substituted “ or 13(2)" ”; and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

In section 70(1) of that Act (interpretation)—

• (a) after the definition of “local authority" there shall be inserted—

“local authority accommodation” means accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989)

; . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

In section 73 of that Act (extent, etc.)—

• (a) in subsection (4)(a) for “32(1), (3) and (4)" there shall be substituted “ 32(1) to (1C) and (2A) to (4)" ”; and

• (b) in subsection (6) for “32(1), (1A)" there shall be substituted “ 32(1) to (1C)" ”.

The Matrimonial Causes Act 1973 (c. 18)

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32

In section 42 of that Act, subsection (3) (declaration by court that party to marriage unfit to have custody of children of family) shall cease to have effect.

33

In section 52(1) of that Act (interpretation), in the definition of “child of the family", for the words “has been boarded-out with those parties" there shall be substituted “ is placed with those parties as foster parents" ”.

The National Health Service Act 1977 (c. 49)

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Child Care Act 1980 (c. 5)

35

Until the repeal of the Child Care Act 1980 by this Act takes effect, the definition of “parent” in section 87 of that Act shall have effect as if it applied only in relation to Part I and sections 13, 24, 64 and 65 of that Act (provisions excluded by section 2(1)(f) of the Family Law Reform Act 1987 from the application of the general rule in that Act governing the meaning of references to relationships between persons).

The Education Act 1981 (c. 60)

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Child Abduction Act 1984 (c. 37)

37

• (1) Section 1 of the Child Abduction Act 1984 (offence of abduction by parent, etc.) shall be amended as follows.

• (2) For subsections (2) to (4) there shall be substituted—

(2) A person is connected with a child for the purposes of this section if— (a) he is a parent of the child; or (b) in the case of a child whose parents were not married to each other at the time of his birth, there are reasonable grounds for believing that he is the father of the child; or (c) he is a guardian of the child; or (d) he is a person in whose favour a residence order is in force with respect to the child; or (e) he has custody of the child. (3) In this section “the appropriate consent”, in relation to a child, means— (a) the consent of each of the following— (i) the child’s mother; (ii) the child’s father, if he has parental responsibility for him; (iii) any guardian of the child; (iv) any person in whose favour a residence order is in force with respect to the child; (v) any person who has custody of the child; or (b) the leave of the court granted under or by virtue of any provision of Part II of the Children Act 1989; or (c) if any person has custody of the child, the leave of the court which awarded custody to him. (4) A person does not commit an offence under this section by taking or sending a child out of the United Kingdom without obtaining the appropriate consent if— (a) he is a person in whose favour there is a residence order in force with respect to the child, and (b) he takes or sends him out of the United Kingdom for a period of less than one month. (4A) Subsection (4) above does not apply if the person taking or sending the child out of the United Kingdom does so in breach of an order under Part II of the Children Act 1989.

• (3) In subsection (5) for the words from “but" to the end there shall be substituted—

(5A) Subsection (5)(c) above does not apply if— (a) the person who refused to consent is a person— (i) in whose favour there is a residence order in force with respect to the child; or (ii) who has custody of the child; or (b) the person taking or sending the child out of the United Kingdom is, by so acting, in breach of an order made by a court in the United Kingdom.

• (4) For subsection (7) there shall be substituted—

(7) For the purposes of this section— (a) “guardian of a child”, “residence order” and “parental responsibility” have the same meaning as in the Children Act 1989; and (b) a person shall be treated as having custody of a child if there is in force an order of a court in the United Kingdom awarding him (whether solely or jointly with another person) custody, legal custody or care and control of the child.

• (5) In subsection (8) for the words from “or voluntary organisation" to “custodianship proceedings or" there shall be substituted “ detained in a place of safety, remanded to a local authority accommodation or the subject of" ”.

38

• (1) In section 2 of that Act (offence of abduction of child by other persons), in subsection (1) for the words from “Subject" to “above" there shall be substituted “ Subject to subsection (3) below, a person, other than one mentioned in subsection (2) below." ”

• (2) For subsection (2) of that section there shall be substituted—

(2) The persons are— (a) where the father and mother of the child in question were married to each other at the time of his birth, the child’s father and mother; (b) where the father and mother of the child in question were not married to each other at the time of his birth, the child’s mother; and (c) any other person mentioned in section 1(2)(c) to (e) above. (3) In proceedings against any person for an offence under this section, it shall be a defence for that person to prove— (a) where the father and mother of the child in question were not married to each other at the time of his birth— (i) that he is the child’s father; or (ii) that, at the time of the alleged offence, he believed, on reasonable grounds, that he was the child’s father; or (b) that, at the time of the alleged offence, he believed that the child had attained the age of sixteen.

39

At the end of section 3 of that Act (construction of references to taking, sending and detaining) there shall be added

and (d) references to a child’s parents and to a child whose parents were (or were not) married to each other at the time of his birth shall be construed in accordance with section 1 of the Family Law Reform Act 1987 (which extends their meaning).

40

• (1) The Schedule to that Act (modifications of section 1 for children in certain cases) shall be amended as follows.

• (2) In paragraph 1(1) for the words “or voluntary organisation" there shall be substituted “ within the meaning of the Children Act 1989" ”.

• (3) For paragraph 2(1) there shall be substituted—

(1) This paragraph applies in the case of a child who is— (a) detained in a place of safety under section 16(3) of the Children and Young Persons Act 1969; or (b) remanded to local authority accommodation under section 23 of that Act.

• (4) In paragraph 3(1)—

• (a) in paragraph (a) for the words “section 14 of the Children Act 1975" there shall be substituted “ section 18 of the Adoption Act 1976" ”; and

• (b) in paragraph (d) for the words “section 25 of the Children Act 1975 or section 53 of the Adoption Act 1958" there shall be substituted “ section 55 of the Adoption Act 1976" ”.

• (5) In paragraph 3(2)(a)—

• (a) in sub-paragraph (i), for the words from “order or," to “Children Act 1975" there shall be substituted “ section 18 order or, if the section 18 order has been varied under section 21 of that Act so as to give parental responsibility to another agency" ”, and

• (b) in sub-paragraph (ii), for the words “(c) or (e)" there shall be substituted “ or (c)" ”.

• (6) At the end of paragraph 3 there shall be added—

(3) Sub-paragraph (2) above shall be construed as if the references to the court included, in any case where the court is a magistrates’ court, a reference to any magistrates’ court acting for the same area as that court

• (7) For paragraph 5 there shall be substituted—

(5) In this Schedule— (a) “adoption agency” and “adoption order” have the same meaning as in the Adoption Act 1976; and (b) “area”, in relation to a magistrates’ court, means the petty sessions area (within the meaning of the Justices of the Peace Act 1979) for which the court is appointed.

The Foster Children (Scotland) Act 1984 (c. 56)

41

In section 1 of the Foster Children (Scotland) Act 1984 (definition of foster child)—

• (a) for the words “he is— (a)" there shall be substituted “ (a) he is" ”; and

• (b) the words “for a period of more than 6 days" and the words from “The period" to the end shall cease to have effect..

42

In section 2(2) of that Act (exceptions to section 1), for paragraph (f) there shall be substituted—

(f) if he has been in that person’s care for a period of less than 28 days and that person does not intend to undertake his care for any longer period.

43

In section 7(1) of that Act (persons disqualified from keeping foster children)—

• (a) the word “or" at the end of paragraph (e) shall be omitted; and

• (b) after paragraph (f) there shall be inserted

or (g) he is disqualified from fostering a child privately (within the meaning of the Children Act 1989) by regulations made under section 68 of that Act,

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

44

In section 2(5) of the Disabled Persons (Services, Consultation and Representation) Act 1986 (circumstances in which authorised representative has right to visit etc. disabled person), after paragraph (d) there shall be inserted—

(dd) in accommodation provided by any educational establishment.

The Legal Aid Act 1988 (c. 34)

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 13 — Consequential Amendments

The Wills Act 1837 (c. 26)

1

In section 1 of the Wills Act 1837 (interpretation), in the definition of “will", for the words “and also to a disposition by will and testament or devise of the custody and tuition of any child" there shall be substituted “ and also to an appointment by will of a guardian of a child" ”.

The Children and Young Persons Act 1933 (c. 12)

2

In section 1(1) of the Children and Young Persons Act 1933 (cruelty to persons under sixteen) for the words “has the custody, charge or care of" there shall be substituted “ has responsibility for" ”.

3

In the following sections of that Act—

• (a) 3(1) (allowing persons under sixteen to be in brothels);

• (b) 4(1) and (2) (causing or allowing persons under sixteen to be used for begging);

• (c) 11 (exposing children under twelve to risk of burning); and

• (d) 25(1) (restrictions on persons under eighteen going abroad for the purpose of performing for profit),

for the words “the custody, charge or care of" there shall, in each case, be substituted “ responsibility for" ”.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

For section 17 of that Act (interpretation of Part I) there shall be substituted the following section—

(17) (1) For the purposes of this Part of this Act, the following shall be presumed to have responsibility for a child or young person— (a) any person who— (i) has parental responsibility for him (within the meaning of the Children Act 1989); or (ii) is otherwise legally liable to maintain him; and (b) any person who has care of him. (2) A person who is presumed to be responsible for a child or young person by virtue of subsection (1)(a) shall not be taken to have ceased to be responsible for him by reason only that he does not have care of him.

6

• (1) In section 34 of that Act (attendance at court of parent of child or young person charged with an offence etc.), in subsection (1) after the word “offence" there shall be inserted “ is the subject of an application for a care or supervision order under Part IV of the Children Act 1989" ”.

• (2) In subsection (7) of that section after the words “Children and Young Persons Act 1969" there shall be inserted “ or Part IV of the Children Act 1989" ”.

• (3) After subsection (7) of that section there shall be inserted—

(7A) If it appears that at the time of his arrest the child or young person is being provided with accommodation by or on behalf of a local authority under section 20 of the Children Act 1989, the local authority shall also be informed as described in subsection (3) above as soon as it is reasonably practicable to do so.

7

In section 107(1) of that Act (interpretation)—

• (a) in the definition of “guardian", for the words “charge of or control over" there shall be substituted “ care of" ”;

• (b) for the definition of legal guardian there shall be substituted—

• “legal guardian”, in relation to a child or young person, means a guardian of a child as defined in the Children Act 1989

The Education Act 1944 (c. 31)

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The National Assistance Act 1948 (c. 29)

11

• (1) In section 21(1)(a) of the National Assistance Act 1948 (persons for whom local authority is to provide residential accommodation) after the word “persons" there shall be inserted “ aged eighteen or over" ”.

• (2) In section 29(1) of that Act (welfare arrangements for blind, deaf, dumb and crippled persons) after the words “that is to say persons" and after the words “and other persons" there shall, in each case, be inserted “ aged eighteen or over" ”.

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

12

For section 2(1)(d) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (cases in which leave of the appropriate court is required before enforcing certain orders for the payment of money), there shall be substituted—

(d) an order for alimony, maintenance or other payment made under sections 21 to 33 of the Matrimonial Causes Act 1973 or made, or having effect as if made, under Schedule 1 to the Children Act 1989.

The Mines and Quarries Act 1954 (c. 70)

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Administration of Justice Act 1960 (c. 65)

14

In section 12 of the Administration of Justice Act 1960 (publication of information relating to proceedings in private), in subsection (1) for paragraph (a) there shall be substituted—

(a) where the proceedings— (i) relate to the exercise of the inherent jurisdiction of the High Court with respect to minors; (ii) are brought under the Children Act 1989; or (iii) otherwise relate wholly or mainly to the maintenance or upbringing of a minor;

The Factories Act 1961 (c. 34)

15

In section 176(1) of the Factories Act 1961 (interpretation), in the definition of “parent", for the words from “or guardian" to first “young person" there shall be substituted “ of a child or young person or any person who is not a parent of his but who has parental responsibility for him (within the meaning of the Children Act 1989)" ”.

The Criminal Justice Act 1967 (c. 80)

16

In section 67(1A)(c) of the Criminal Justice Act 1967 (computation of sentences of imprisonment passed in England and Wales) for the words “in the care of a local authority" there shall be substituted “ remanded to local authority accommodation." ”

The Health Services and Public Health Act 1968 (c. 46)

17

• (1) In section 64(3)(a) of the Health Services and Public Health Act 1968 (meaning of “relevant enactments” in relation to power of Minister of Health or Secretary of State to provide financial assistance), for sub-paragraph (xix) inserted by paragraph 19 of Schedule 5 to the Child Care Act 1980 there shall be substituted—

(xx) the Children Act 1989.

• (2) In section 65(3)(b) of that Act (meaning of “relevant enactments” in relation to power of local authority to provide financial and other assistance), for sub-paragraph (xx) inserted by paragraph 20 of Schedule 5 to the Child Care Act 1980 there shall be substituted—

(xxi) the Children Act 1989.

The Social Work (Scotland) Act 1968 (c. 49)

18

In section 2(2) of the Social Work (Scotland) Act 1968 (matters referred to social work committee) after paragraph (j) there shall be inserted—

(k) section 19 and Part X of the Children Act 1989,

19

In section 5(2)(c) of that Act (power of Secretary of State to make regulations) for the words “and (j)" there shall be substituted “ to (k)" ”.

20

In section 21(3) of that Act (mode of provision of accommodation and maintenance) for the words “section 21 of the Child Care Act 1980" there shall be substituted “ section 23 of the Children Act 1989" ”.

21

In section 74(6) of that Act (parent of child in residential establishment moving to England or Wales) for the words from “Children and Young Persons Act 1969" to the end there shall be substituted “ Children Act 1989, but as if section 31(8) were omitted" ”.

22

In section 75(2) of that Act (parent of child subject to care order etc. moving to Scotland), for the words “Children and Young Persons Act 1969" there shall be substituted “ Children Act 1989" ”.

23

In section 86(3) of that Act (meaning of ordinary residence for purpose of adjustments between authority providing accommodation and authority of area of residence), the words “the Child Care Act 1980 or” shall be omitted and after the words “education authority" there shall be inserted “ or placed with local authority foster parents under the Children Act 1989" ”.

The Civil Evidence Act 1968 (c. 64)

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Administration of Justice Act 1970 (c. 31)

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Authority Social Services Act 1970 (c. 42)

26

• (1) In Schedule 1 to the Local Authority Social Services Act 1970 (enactments conferring functions assigned to social service committee)—

• (a) in the entry relating to the Mental Health Act 1959, for the words “sections 8 and 9" there shall be substituted “ section 8" ”; and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) At the end of that Schedule there shall be added—

Children Act 1989.	Welfare reports.
The whole Act, in so far as it confers functions on a local authority within the meaning of that Act.	Consent to application for residence order in respect of child in care.
	Family assistance orders.
	Functions under Part III of the Act (local authority support for children and families).
	Care and supervision.
	Protection of children.
	Functions in relation to community homes, voluntary homes and voluntary organisations, registered children’s homes, private arrangements for fostering children, child minding and day care for young children.
	Inspection of children’s homes on behalf of Secretary of State.
	Research and returns of information.
	Functions in relation to children accommodated by health authorities and local education authorities or in residential care, nursing or mental nursing homes or in independent schools.

The Chronically Sick and Disabled Persons Act 1970 (c. 44)

27

After section 28 of the Chronically Sick and Disabled Persons Act 1970 there shall be inserted—

(28A) This Act applies with respect to disabled children in relation to whom a local authority have functions under Part III of the Children Act 1989 as it applies in relation to persons to whom section 29 of the National Assistance Act 1948 applies.

The Courts Act 1971 (c. 23)

28

In Part I of Schedule 9 to the Courts Act 1971 (substitution of references to Crown Court), in the entry relating to the Children and Young Persons Act 1969, for the words “Sections 2(12), 3(8), 16(8), 21(4)(5)" there shall be substituted “ Section 16(8)." ”.

The Attachment of Earnings Act 1971 (c. 32)

29

In Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders to which that Act applies), in paragraph 7, for the words “section 47 or 51 of the Child Care Act 1980" there shall be substituted “ paragraph 23 of Schedule 2 to the Children Act 1989" ”.

The Tribunals and Inquiries Act 1971 (c. 62)

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government Act 1972 (c. 70)

31

• (1) In section 102(1) of the Local Government Act 1972 (appointment of committees) for the words “section 31 of the Child Care Act 1980" there shall be substituted “ section 53 of the Children Act 1989" ”.

• (2) In Schedule 12A to that Act (access to information: exempt information), in Part III (interpretation), in paragraph 1(1)(b) for the words “section 20 of the Children and Young Persons Act 1969" there shall be substituted “ section 31 of the Children Act 1989" ”.

The Employment of Children Act 1973 (c. 24)

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Domicile and Matrimonial Proceedings Act 1973 (c. 45)

33

• (1) In Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 (proceedings in divorce etc. stayed by reference to proceedings in other jurisdiction), paragraph 11(1) shall be amended as follows—

• (a) at the end of the definition of “lump sum" there shall be added “or an order made in equivalent circumstances under Schedule 1 to the Children Act 1989 and of a kind mentioned in paragraph 1(2)(c) of that Schedule";

• (b) in the definition of “relevant order", at the end of paragraph (b), there shall be added “or an order made in equivalent circumstances under Schedule 1 to the Children Act 1989 and of a kind mentioned in paragraph 1(2)(a) or (b) of that Schedule";

• (c) in paragraph (c) of that definition, after the word “children)" there shall be inserted “or a section 8 order under the Children Act 1989"; and

• (d) in paragraph (d) of that definition for the words “the custody, care or control" there shall be substituted “care".

• (2) In paragraph 11(3) of that Schedule—

• (a) the word “four” shall be omitted; and

• (b) for the words “the custody of a child and the education of a child" there shall be substituted “or any provision which could be made by a section 8 order under the Children Act 1989".

The Powers of Criminal Courts Act 1973 (c. 62)

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Rehabilitation of Offenders Act 1974 (c. 53)

35

• (1) Section 7(2) of the Rehabilitation of Offenders Act 1974 (limitations on rehabilitation under the Act) shall be amended as follows.

• (2) For paragraph (c) there shall be substituted—

(c) in any proceedings relating to adoption, the marriage of any minor, the exercise of the inherent jurisdiction of the High Court with respect to minors or the provision by any person of accommodation, care or schooling for minors; (cc) in any proceedings brought under the Children Act 1989;

• (3) For paragraph (d) there shall be substituted—

(d) in any proceedings relating to the variation or discharge of a supervision order under the Children and Young Persons Act 1969, or on appeal from any such proceedings

The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)

36

For section 8 of the Domestic Proceedings and Magistrates’ Courts Act 1978 (orders for the custody of children) there shall be substituted—

(8) Where an application is made by a party to a marriage for an order under section 2, 6 or 7 of this Act, then, if there is a child of the family who is under the age of eighteen, the court shall not dismiss or make a final order on the application until it has decided whether to exercise any of its powers under the Children Act 1989 with respect to the child.

37

In section 19(3A)(b) (interim orders) for the words “subsections (2) and" there shall be substituted “ subsection" ”.

38

For section 20(12) of that Act (variation and revocation of orders for periodical payments) there shall be substituted—

(12) An application under this section may be made— (a) where it is for the variation or revocation of an order under section 2, 6, 7 or 19 of this Act for periodical payments, by either party to the marriage in question; and (b) where it is for the variation of an order under section 2(1)(c), 6 or 7 of this Act for periodical payments to or in respect of a child, also by the child himself, if he has attained the age of sixteen.

39

• (1) For section 20A of that Act (revival of orders for periodical payments) there shall be substituted—

(20A) (1) Where an order made by a magistrates’ court under this Part of this Act for the making of periodical payments to or in respect of a child (other than an interim maintenance order) ceases to have effect— (a) on the date on which the child attains the age of sixteen, or (b) at any time after that date but before or on the date on which he attains the age of eighteen, the child may apply to the court which made the order for an order for its revival. (2) If on such an application it appears to the court that— (a) the child is, will be or (if an order were made under this subsection) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment, or (b) there are special circumstances which justify the making of an order under this subsection, the court shall have power by order to revive the order from such date as the court may specify, not being earlier than the date of the making of the application. (3) Any order revived under this section may be varied or revoked under section 20 in the same way as it could have been varied or revoked had it continued in being.

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41

• (1) In section 25 of that Act (effect on certain orders of parties living together), in subsection (1)(a) for the words “6 or 11(2)" there shall be substituted “ or 6" ”.

• (2) In subsection (2) of that section—

• (a) in paragraph (a) for the words “6 or 11(2)" there shall be substituted “ or 6" ”; and

• (b) after paragraph (a) there shall be inserted “ or" ”.

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43

In section 88(1) of that Act (interpretation)—

• (a) in the definition of “child", for the words from “an illegitimate" to the end there shall be substituted “ a child whose father and mother were not married to each other at the time of his birth" ”; and

• (b) in the definition of “child of the family", for the words “being boarded-out with those parties" there shall be substituted “ placed with those parties as foster parents" ”.

The Magistrates’ Courts Act 1980 (c. 43)

44

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) For section 62(5) of that Act (payments to children) there shall be substituted—

(5) In this section references to the person with whom a child has his home— (a) in the case of any child who is being looked after by a local authority (within the meaning of section 22 of the Children Act 1989), are references to that local authority; and (b) in any other case, are references to the person who, disregarding any absence of the child at a hospital or boarding school and any other temporary absence, has care of the child.

The Senior Courts Act 1981 (c. 54)

45

• (1) In section 18 of the Senior Courts Act 1981 (restrictions on appeals to Court of Appeal)—

• (a) in subsection (1)(h)(i), for the word “custody" there shall be substituted “ residence" ”; and

• (b) in subsection (1)(h)(ii) for the words “access to", in both places, there shall be substituted “ contact with" ”.

• (2) In section 41 of that Act (wards of court), the following subsection shall be inserted after subsection (2)—

(2A) Subsection (2) does not apply with respect to a child who is the subject of a care order (as defined by section 105 of the Children Act 1989).

• (3) In Schedule 1 to that Act (distribution of business in High Court), for paragraph 3(b)(ii) there shall be substituted—

(ii) the exercise of the inherent jurisdiction of the High Court with respect to minors, the maintenance of minors and any proceedings under the Children Act 1989, except proceedings solely for the appointment of a guardian of a minor’s estate;

The Armed Forces Act 1981 (c. 55)

46

In section 14 of the Armed Forces Act 1981 (temporary removal to, and detention in, place of safety abroad or in the United Kingdom of service children in need of care and control), in subsection (9A) for the words “the Children and Young Persons Act 1933, the Children and Young Persons Act 1969" there shall be substituted “ the Children Act 1989" ”.

The Civil Jurisdiction and Judgments Act 1982 (c. 27)

47

In paragraph 5(a) of Schedule 5 to the Civil Jurisdiction and Judgments Act 1982 (maintenance and similar payments excluded from Schedule 4 to that Act) for the words “section 47 or 51 of the Child Care Act 1980" there shall be substituted “ paragraph 23 of Schedule 2 to the Children Act 1989" ”.

The Mental Health Act 1983 (c. 20)

48

• (1) For section 27 of the Mental Health Act 1983 (children and young persons in care of local authority) there shall be substituted the following section—

(27) Where— (a) a patient who is a child or young person is in the care of a local authority by virtue of a care order within the meaning of the Children Act 1989; or (b) the rights and powers of a parent of a patient who is a child or young person are vested in a local authority by virtue of section 16 of the Social Work (Scotland) Act 1968, the authority shall be deemed to be the nearest relative of the patient in preference to any person except the patient’s husband or wife (if any).

• (2) Section 28 of that Act (nearest relative of minor under guardianship, etc.) is amended as mentioned in sub-paragraphs (3) and (4).

• (3) For subsection (1) there shall be substituted—

(1) Where— (a) a guardian has been appointed for a person who has not attained the age of eighteen years; or (b) a residence order (as defined by section 8 of the Children Act 1989) is in force with respect to such a person, the guardian (or guardians, where there is more than one) or the person named in the residence order shall, to the exclusion of any other person, be deemed to be his nearest relative.

• (4) For subsection (3) there shall be substituted—

(3) In this section “guardian” does not include a guardian under this Part of this Act.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Registered Homes Act 1984 (c. 23)

49

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Mental Health (Scotland) Act 1984 (c. 36)

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Matrimonial and Family Proceedings Act 1984 (c. 42)

51

In section 38(2)(b) of the Matrimonial and Family Proceedings Act 1984 (transfer of family proceedings from High Court to county court) after the words “a ward of court" there shall be inserted “ or any other proceedings which relate to the exercise of the inherent jurisdiction of the High Court with respect to minors" ”.

The Police and Criminal Evidence Act 1984 (c. 60)

52

In section 37(14) of the Police and Criminal Evidence Act 1984 (duties of custody officer before charge) after the words “Children and Young Persons Act 1969" there shall be inserted “ or in Part IV of the Children Act 1989" ”.

53

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) After that subsection there shall be inserted—

(6A) In this section “local authority accommodation” means accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989). (6B) Where an arrested juvenile is moved to local authority accommodation under subsection (6) above, it shall be lawful for any person acting on behalf of the authority to detain him.

• (3) In subsection (8) of that section for the words “Children and Young Persons Act 1969" there shall be substituted “ Children Act 1989" ”.

54

In section 39(4) of that Act (responsibilities in relation to persons detained) for the words “transferred to the care of a local authority in pursuance of arrangements made" there shall be substituted “ moved to local authority accommodation" ”.

55

In Schedule 2 to that Act (preserved powers of arrest) in the entry relating to the Children and Young Persons Act 1969 for the words “Sections 28(2) and" there shall be substituted “ Section" ”.

The Surrogacy Arrangements Act 1985 (c. 49)

56

In section 1(2)(b) of the Surrogacy Arrangements Act 1985 (meaning of “surrogate mother", etc.) for the words “the parental rights being exercised" there shall be substituted “ parental responsibility being met" ”.

The Child Abduction and Custody Act 1985 (c. 60)

57

• (1) In section 9(a) and 20(2)(a) of the Child Abduction and Custody Act 1985 (orders with respect to which court’s powers suspended), for the words “any other order under section 1(2) of the Children and Young Persons Act 1969" there shall be substituted “ a supervision order under section 31 of the Children Act 1989" ”.

• (2) At the end of section 27 of that Act (interpretation), there shall be added—

(4) In this Act a decision relating to rights of access in England and Wales means a decision as to the contact which a child may, or may not, have with any person.

• (3) In Part I of Schedule 3 to that Act (orders in England and Wales which are custody orders for the purposes of the Act), for paragraph 1 there shall be substituted—

(1) The following are the orders referred to in section 27(1) of this Act— (a) a care order under the Children Act 1989 (as defined by section 31(11) of that Act, read with section 105(1) and Schedule 14); (b) a residence order (as defined by section 8 of the Act of 1989); and (c) any order made by a court in England and Wales under any of the following enactments— (i) section 9(1), 10(1)(a) or 11(a) of the Guardianship of Minors Act 1971; (ii) section 42(1) or (2) or 43(1) of the Matrimonial Causes Act 1973; (iii) section 2(2)(b), 4(b) or (5) of the Guardianship Act 1973 as applied by section 34(5) of the Children Act 1975; (iv) section 8(2)(a), 10(1) or 19(1)(ii) of the Domestic Proceedings and Magistrates Courts Act 1978; (v) section 26(1)(b) of the Adoption Act 1976.

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

58

In section 1(3) of the Disabled Persons (Services, Consultation and Representation) Act 1986 (circumstances in which regulations may provide for the appointment of authorised representatives of disabled persons)—

• (a) in paragraph (a), for the words “parent or guardian of a disabled person under the age of sixteen" there shall be substituted—

(i) the parent of a disabled person under the age of sixteen, or (ii) any other person who is not a parent of his but who has parental responsibility for him

; and

• (b) in paragraph (b), for the words “in the care of" there shall be substituted “ looked after by" ”.

59

• (1) Section 2 of that Act (circumstances in which authorised representative has right to visit etc. disabled person) shall be amended as follows.

• (2) In subsection (3)(a) for the words from second “the" to “by" there shall be substituted “ for the words “if so requested by the disabled person" there shall be substituted “if so requested by any person mentioned in section 1(3)(a)(i) or (ii)">." ”

• (3) In subsection (5) after paragraph (b) there shall be inserted—

(bb) in accommodation provided by or on behalf of a local authority under Part III of the Children Act 1989, or

• (4) After paragraph (c) of subsection (5) there shall be inserted—

(cc) in accommodation provided by a voluntary organisation in accordance with arrangements made by a local authority under section 17 of the Children Act 1989, or

60

In section 5(7)(b) of that Act (disabled persons leaving special education) for the word “guardian" there shall be substituted “ other person who is not a parent of his but who has parental responsibility for him" ”.

61

• (1) In section 16 of that Act (interpretation) in the definition of “disabled person", in paragraph (a) for the words from “means" to “applies" there shall be substituted

means— (i) in the case of a person aged eighteen or over, a person to whom section 29 of the 1948 Act applies, and (ii) in the case of a person under the age of eighteen, a person who is disabled within the meaning of Part III of the Children Act 1989

• (2) After the definition of “parent" in that section there shall be inserted—

“parental responsibility” has the same meaning as in the Children Act 1989.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Family Law Act 1986 (c. 55)

62

• (1) The Family Law Act 1986 shall be amended as follows.

• (2) Subject to paragraphs 63 to 71, in Part I—

• (a) for the words “custody order", in each place where they occur, there shall be substituted “ Part I order" ”;

• (b) for the words “proceedings with respect to the custody of", in each place where they occur, there shall be substituted “ Part I proceedings with respect to" ”; and

• (c) for the words “matters relating to the custody of", in each place where they occur, there shall be substituted “ Part I matters relating to" ”.

• (3) For section 42(7) (general interpretation of Part I) there shall be substituted—

(7) In this Part— (a) references to Part I proceedings in respect of a child are references to any proceedings for a Part I order or an order corresponding to a Part I order and include, in relation to proceedings outside the United Kingdom, references to proceedings before a tribunal or other authority having power under the law having effect there to determine Part I matters; and (b) references to Part I matters are references to matters that might be determined by a Part I order or an order corresponding to a Part I order.

63

• (1) In section 1 (orders to which Part I of the Act of 1986 applies), in subsection (1)—

• (a) for paragraph (a) there shall be substituted—

(a) a section 8 order made by a court in England and Wales under the Children Act 1989, other than an order varying or discharging such an order

; and

• (b) for paragraph (d) there shall be substituted the following paragraphs—

(d) an order made by a court in England and Wales in the exercise of the inherent jurisdiction of the High Court with respect to children— (i) so far as it gives care of a child to any person or provides for contact with, or the education of, a child; but (ii) excluding an order varying or revoking such an order; (e) an order made by the High Court in Northern Ireland in the exercise of its jurisdiction relating to wardship— (i) so far as it gives care and control of a child to any person or provides for the education of or access to a child; but (ii) excluding an order relating to a child of whom care or care and control is (immediately after the making of the order) vested in the Department of Health and Social Services or a Health and Social Services Board.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) For subsections (3) to (5) of that section there shall be substituted—

(3) In this Part, “Part I order”— (a) includes any order which would have been a custody order by virtue of this section in any form in which it was in force at any time before its amendment by the Children Act 1989; and (b) (subject to sections 32 and 40 of this Act) excludes any order which would have been excluded from being a custody order by virtue of this section in any such form.

64

For section 2 there shall be substituted the following sections—

(2) (1) A court in England and Wales shall not have jurisdiction to make a section 1(1)(a) order with respect to a child in or in connection with matrimonial proceedings in England and Wales unless the condition in section 2A of this Act is satisfied. (2) A court in England and Wales shall not have jurisdiction to make a section 1(1)(a) order in a non-matrimonial case (that is to say, where the condition in section 2A of this Act is not satisfied) unless the condition in section 3 of this Act is satisfied. (3) A court in England and Wales shall not have jurisdiction to make a section 1(1)(d) order unless— (a) the condition in section 3 of this Act is satisfied, or (b) the child concerned is present in England and Wales on the relevant date and the court considers that the immediate exercise of its powers is necessary for his protection. (2A) (1) The condition referred to in section 2(1) of this Act is that the matrimonial proceedings are proceedings in respect of the marriage of the parents of the child concerned and— (a) the proceedings— (i) are proceedings for divorce or nullity of marriage, and (ii) are continuing; (b) the proceedings— (i) are proceedings for judicial separation, (ii) are continuing, and the jurisdiction of the court is not excluded by subsection (2) below; or (c) the proceedings have been dismissed after the beginning of the trial but— (i) the section 1(1)(a) order is being made forthwith, or (ii) the application for the order was made on or before the dismissal. (2) For the purposes of subsection (1)(b) above, the jurisdiction of the court is excluded if, after the grant of a decree of judicial separation, on the relevant date, proceedings for divorce or nullity in respect of the marriage are continuing in Scotland or Northern Ireland. (3) Subsection (2) above shall not apply if the court in which the other proceedings there referred to are continuing has made— (a) an order under section 13(6) or 21(5) of this Act (not being an order made by virtue of section 13(6)(a)(i)), or (b) an order under section 14(2) or 22(2) of this Act which is recorded as being made for the purpose of enabling Part I proceedings to be taken in England and Wales with respect to the child concerned. (4) Where a court— (a) has jurisdiction to make a section 1(1)(a) order in or in connection with matrimonial proceedings, but (b) considers that it would be more appropriate for Part I matters relating to the child to be determined outside England and Wales, the court may by order direct that, while the order under this subsection is in force, no section 1(1)(a) order shall be made by any court in or in connection with those proceedings.

65

• (1) In section 3 (habitual residence or presence of child concerned) in subsection (1) for “section 2" there shall be substituted “section 2(2)".

• (2) In subsection (2) of that section for the words “proceedings for divorce, nullity or judicial separation" there shall be substituted “matrimonial proceedings".

66

• (1) In section 6 (duration and variation of Part I orders), for subsection (3) there shall be substituted the following subsections—

(3) A court in England and Wales shall not have jurisdiction to vary a Part I order if, on the relevant date, matrimonial proceedings are continuing in Scotland or Northern Ireland in respect of the marriage of the parents of the child concerned. (3A) Subsection (3) above shall not apply if— (a) the Part I order was made in or in connection with proceedings for divorce or nullity in England and Wales in respect of the marriage of the parents of the child concerned; and (b) those proceedings are continuing. (3B) Subsection (3) above shall not apply if— (a) the Part I order was made in or in connection with proceedings for judicial separation in England and Wales; (b) those proceedings are continuing; and (c) the decree of judicial separation has not yet been granted.

• (2) In subsection (5) of that section for the words from “variation of" to “if the ward" there shall be substituted “ variation of a section 1(1)(d) order if the child concerned" ”.

• (3) For subsections (6) and (7) of that section there shall be substituted the following subsections—

(6) Subsection (7) below applies where a Part I order which is— (a) a residence order (within the meaning of the Children Act 1989) in favour of a person with respect to a child, (b) an order made in the exercise of the High Court’s inherent jurisdiction with respect to children by virtue of which a person has care of a child, or (c) an order— (i) of a kind mentioned in section 1(3)(a) of this Act, (ii) under which a person is entitled to the actual possession of a child, ceases to have effect in relation to that person by virtue of subsection (1) above. (7) Where this subsection applies, any family assistance order made under section 16 of the Children Act 1989 with respect to the child shall also cease to have effect. (8) For the purposes of subsection (7) above the reference to a family assistance order under section 16 of the Children Act 1989 shall be deemed to include a reference to an order for the supervision of a child made under— (a) section 7(4) of the Family Law Reform Act 1969, (b) section 44 of the Matrimonial Causes Act 1973, (c) section 2(2)(a) of the Guardianship Act 1973, (d) section 34(5) or 36(3)(b) of the Children Act 1975, or (e) section 9 of the Domestic Proceedings and Magistrates’ Courts Act 1978; but this subsection shall cease to have effect once all such orders for the supervision of children have ceased to have effect in accordance with Schedule 14 to the Children Act 1989.

67

For section 7 (interpretation of Chapter II) there shall be substituted—

(7) In this Chapter— (a) “child” means a person who has not attained the age of eighteen; (b) “matrimonial proceedings” means proceedings for divorce, nullity of marriage or judicial separation; (c) “the relevant date” means, in relation to the making or variation of an order— (i) where an application is made for an order to be made or varied, the date of the application (or first application, if two or more are determined together), and (ii) where no such application is made, the date on which the court is considering whether to make or, as the case may be, vary the order; and (d) “section 1(1)(a) order” and “section 1(1)(d) order” mean orders falling within section 1(1)(a) and (d) of this Act respectively.

68

In each of the following sections—

• (a) section 11(2)(a) (provisions supplementary to sections 9 and 10),

• (b) section 13(5)(a) (jurisdiction ancillary to matrimonial proceedings),

• (c) section 20(3)(a) (habitual residence or presence of child),

• (d) section 21(4)(a) (jurisdiction in divorce proceedings, etc.), and

• (e) section 23(4)(a) (duration and variation of custody orders),

for “4(5)" there shall be substituted “ 2A(4)" ”.

69

In each of the following sections—

• (a) section 19(2) (jurisdiction in cases other than divorce, etc.),

• (b) section 20(6) (habitual residence or presence of child), and

• (c) section 23(5) (duration and variation of custody orders),

for “section 1(1)(d)" there shall be substituted “ section 1(1)(e)" ”.

70

In section 34(3) (power to order recovery of child) for paragraph (a) there shall be substituted—

(a) section 14 of the Children Act 1989

71

• (1) In section 42 (general interpretation of Part I), in subsection (4)(a) for the words “has been boarded out with those parties" there shall be substituted “ is placed with those parties as foster parents" ”.

• (2) In subsection (6) of that section, in paragraph (a) after the word “person" there shall be inserted “ to be allowed contact with or" ”.

The Local Government Act 1988 (c. 9)

72

In Schedule 1 to the Local Government Act 1988 (competition) at the end of paragraph 2(4) (cleaning of buildings: buildings to which competition provisions do not apply) for paragraph (c) there shall be substituted—

(c) section 53 of the Children Act 1989.

Amendments of local Acts

73

• (1) Section 16 of the Greater London Council (General Powers) Act 1981 (exemption from provisions of Part IV of the Act of certain premises) shall be amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In paragraph (i), for the words “section 8 of the Foster Children Act 1980" there shall be substituted “ section 67 of the Children Act 1989" ”.

74

• (1) Section 10(2) of the Greater London Council (General Powers) Act 1984 (exemption from provisions of Part IV of the Act of certain premises) shall be amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In paragraph (e), for the words “section 8 of the Foster Children Act 1980" there shall be substituted “ section 67 of the Children Act 1989" ”.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 14 — Transitionals and Savings

Pending proceedings, etc.

1

• (1) Subject to sub-paragraphs (1A) and (4), nothing in any provision of this Act (other than the repeals mentioned in sub-paragraph (2)) shall affect any proceedings which are pending immediately before the commencement of that provision.

• (1A) Proceedings pursuant to section 7(2) of the Family Law Reform Act 1969 (committal of wards of court to care of local authority) or in the exercise of the High Court’s inherent jurisdiction with respect to children which are pending in relation to a child who has been placed or allowed to remain in the care of a local authority shall not be treated as pending proceedings after 13th October 1992 for the purposes of this Schedule if no final order has been made by that date pursuant to section 7(2) of the 1969 Act or in the exercise of the High Court’s inherent jurisdiction in respect of the child’s care.

• (2) The repeals are those of—

• (a) section 42(3) of the Matrimonial Causes Act 1973 (declaration by court that party to marriage unfit to have custody of children of family); and

• (b) section 38 of the Sexual Offences Act 1956 (power of court to divest person of authority over girl or boy in cases of incest).

• (3) For the purposes of the following provisions of this Schedule, any reference to an order in force immediately before the commencement of a provision of this Act shall be construed as including a reference to an order made after that commencement in proceedings pending before that commencement.

• (4) Sub-paragraph (3) is not to be read as making the order in question have effect from a date earlier than that on which it was made.

• (5) An order under section 96(3) may make such provision with respect to the application of the order in relation to proceedings which are pending when the order comes into force as the Lord Chancellor considers appropriate.

2

Where, immediately before the day on which Part IV comes into force, there was in force an order under section 3(1) of the Children and Young Persons Act 1963 (order directing a local authority to bring a child or young person before a youth court under section 1 of the Children and Young Persons Act 1969), the order shall cease to have effect on that day.

CUSTODY ORDERS, ETC.

Cessation of declarations of unfitness, etc.

3

Where, immediately before the day on which Parts I and II come into force, there was in force—

• (a) a declaration under section 42(3) of the Matrimonial Causes Act 1973 (declaration by court that party to marriage unfit to have custody of children of family); or

• (b) an order under section 38(1) of the Sexual Offences Act 1956 divesting a person of authority over a girl or boy in a case of incest;

the declaration or, as the case may be, the order shall cease to have effect on that day.

The Family Law Reform Act 1987 (c. 42)

Conversion of orders under section 4

4

Where, immediately before the day on which Parts I and II come into force, there was in force an order under section 4(1) of the Family Law Reform Act 1987 (order giving father parental rights and duties in relation to a child), then, on and after that day, the order shall be deemed to be an order under section 4 of this Act giving the father parental responsibility for the child.

Orders to which paragraphs 6 to 11 apply

5

• (1) In paragraphs 6 to 11 “an existing order” means any order which—

• (a) is in force immediately before the commencement of Parts I and II;

• (b) was made under any enactment mentioned in sub-paragraph (2);

• (c) determines all or any of the following—

• (i) who is to have custody of a child;

• (ii) who is to have care and control of a child;

• (iii) who is to have access to a child;

(iv) any matter with respect to a child’s education or upbringing; and

• (d) is not an order of a kind mentioned in paragraph 15(1).

• (2) The enactments are—

• (a) the Domestic Proceedings and Magistrates’ Courts Act 1978;

• (b) the Children Act 1975;

• (c) the Matrimonial Causes Act 1973;

• (d) the Guardianship of Minors Acts 1971 and 1973;

• (e) the Matrimonial Causes Act 1965;

• (f) the Matrimonial Proceedings (Magistrates’ Courts) Act 1960.

• (3) For the purposes of this paragraph and paragraphs 6 to 11 “custody” includes legal custody and joint as well as sole custody but does not include access.

Parental responsibility of parents

6

• (1) Where—

• (a) a child’s father and mother were married to each other at the time of his birth; and

• (b) there is an existing order with respect to the child,

each parent shall have parental responsibility for the child in accordance with section 2 as modified by sub-paragraph (3).

• (2) Where—

• (a) a child’s father and mother were not married to each other at the time of his birth; and

• (b) there is an existing order with respect to the child,

section 2 shall apply as modified by sub-paragraphs (3) and (4).

• (3) The modification is that for section 2(8) there shall be substituted—

(8) The fact that a person has parental responsibility for a child does not entitle him to act in a way which would be incompatible with any existing order or any order made under this Act with respect to the child

• (4) The modifications are that—

• (a) for the purposes of section 2(2), where the father has custody or care and control of the child by virtue of any existing order, the court shall be deemed to have made (at the commencement of that section) an order under section 4(1) giving him parental responsibility for the child; and

• (b) where by virtue of paragraph (a) a court is deemed to have made an order under section 4(1) in favour of a father who has care and control of a child by virtue of an existing order, the court shall not bring the order under section 4(1) to an end at any time while he has care and control of the child by virtue of the order.

Persons who are not parents but who have custody or care and control

7

• (1) Where a person who is not the parent or guardian of a child has custody or care and control of him by virtue of an existing order, that person shall have parental responsibility for him so long as he continues to have that custody or care and control by virtue of the order.

• (2) Where sub-paragraph (1) applies, Parts I and II and paragraph 15 of Schedule I shall have effect as modified by this paragraph.

• (3) The modifications are that—

• (a) for section 2(8) there shall be substituted—

(8) The fact that a person has parental responsibility for a child does not entitle him to act in a way which would be incompatible with any existing order or with any order made under this Act with respect to the child

• (b) at the end of section 10(4) there shall be inserted—

(c) any person who has custody or care and control of a child by virtue of any existing order

; and

• (c) at the end of section 34(1)(c) there shall be inserted—